Document Type

Working Paper

Publication Date

8-31-2015

SSRN Discipline

PSN Subject Matter eJournals; Legal Anthropology eJournals; LSN Subject Matter eJournals; Cultural Anthropology eJournals; ERN Subject Matter eJournals; CGN Subject Matter eJournals; CJRN Subject Matter eJournals; Economics Research Network; Legal Scholarship Network; Criminal Law & Procedure eJournals; Conflict Studies eJournals; Corporate Governance Network; Law & Society eJournals; Law & Society: Public Law eJournals; AARN Subject Matter eJournals; Criminal Justice Research Network; Political Science Network; Anthropology & Archaeology Research Network

Abstract

There is little doubt that the criminal justice system in the United States is in need of substantive reform and repair Yet our nations prison population dwarfs countries worldwide as it continues to become even more overcrowded with individuals subject to draconian mandatory minimum sentences But this comes at what negative psychological costs to these incarcerated individuals their families and their communities This article analyzes the history and philosophy of mandatory minimum sentencing and the adverse psychological impacts that these sentences have on these individuals as they deal with the struggles of incarceration and the mounting structural barriers facing them upon reentry into society This article also examines the recent reforms enacted by US Attorney General Eric Holder and the US Sentencing Commission and offers recommendations for solving our nation's incarceration problems and minimizing their psychological impacts

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